GE.

Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families

Consideration of reports submitted by States parties under article 73 of the Convention pursuant to the simplified reporting procedure

Initial reports of States parties due in 2006

Turkey* **

[Date received: 8 April 2016]

* The present document is being issued without formal editing.

** The annexes may be consulted in the files of the secretariat.

CMW/C/TUR/1

ADVANCE UNEDITED VERSION

Distr.: General

29 April 2016

Original: English

English, French and Spanish only

CMW/C/TUR/1

2

Part I

In this section, the State party is requested to submit its responses to the following

questions.

A. General information

Please provide information on the domestic legal framework regarding the

Convention, including:

(a) The rank of the Convention in domestic law, including examples of cases, if any, in

which the Convention has been directly applied by national courts or administrative

authorities;

1. Article 90 of the Turkish Constitution reads as follows; international agreements

duly put into effect have the force of law. No appeal to the Constitutional Court shall be

made with regard to these agreements, on the grounds that they are unconstitutional.

(Sentence added on May 7, 2004; Act No. 5170) In the case of a conflict between

international agreements, duly put into effect, concerning fundamental rights and freedoms

and the laws due to differences in provisions on the same matter, the provisions of

international agreements shall prevail.

(b) Bilateral and multilateral agreements that have been concluded with other countries

pertaining to the rights of migrant workers and members of their families, in line with

the Convention;

2. Turkey has concluded bilateral social security agreements with 30 countries.

Twenty-seven of them are in force and 3 of them are in the ratification stage. Social

security agreements with Moldova, Poland, Iran, Morocco, Japan, Russia, Kyrgyzstan and

Algeria are under discussion.

Bilateral social security agreements concluded by Turkey are as follows:

Name of the country Date of signature Date of entry into force

1 Germany 30.04.1964 01.11.1965

2 France 20.01.1972 01.08.1973

3 The Netherlands 05.04.1966 01.02.1968

4 Belgium 04.07.1966 01.05.1968

5 Denmark 13.12.1999 01.12.2003

6 Austria 12.10.1966 01.10.1969

7 Switzerland 01.05.1969 01.01.1972

8 Sweden 30.06.1978 01.05.1981

9 England 09.09.1959 01.06.1961

10 Libya 13.09.1984 01.09.1985

11 Turkish Republic of Northern

Cyprus 09.03.1987 01.12.1988

12 Azerbaijan 17.07.1998 09.08.2001

13 Albania 14.07.1998 01.02.2005

14 Bosnia-Herzegovina 27.05.2003 01.09.2004

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Name of the country Date of signature Date of entry into force

15 Czech Republic 02.10.2003 01.01.2005

16 Luxembourg 20.11.2003 01.06.2006

17 Macedonia 06.07.1998 01.07.2000

18 Norway 20.07.1978 01.06.1981

19 Romania 06.07.1999 01.03.2003

20 Canada 19.06.1998 01.01.2005

21 Georgia 1 1.12.1998 20.1 1.2003

22 Quebec 21.11.2000 01.01.2005

23 Croatia 12.06.2006 01.06.2012

24 Slovakia 25.01.2007 01.07.2013

25 Serbia 26.10.2009 01.12.2013

26 Italy 08.05.2012 01.08.2015

27 Republic of Korea 01.08.2012 01.06.2015

28 Montenegro 15.03.2012 -

29 Tunisia 28.05.2013 -

30 Hungary 24.02.2015 -

Bilateral Labour Force Agreements concluded by Turkey

Name of the country Date of signature Date of entry into force

1 Germany (exceptional work agreement) 18.11.1991 20.12.1991

2 Germany 30.10.1961 30.10.1961

3 Austria 15.05.1964 17.09.1964

4 Belgium 16.07.1964 16.07.1964

5 The Netherlands 19.08.1964 19.08.1964

6 France 08.04.1965 08.04.1965

7 Australia 05.10.1967 05.10.1967

8 Libya 05.01.1975 13.05.1975

9 Jordan 08.07.1982 12.10.1982

10 Turkish Republic of Northern Cyprus 09.03.1987 15.08.1988

11 Qatar 01.04.1986 20.12.1990

12 Kuwait 30.03.2008 13.04.2010

13 Azerbaijan 13.11.2013 18.06.2014

3. Turkey also concluded bilateral Labour Force Agreements with 12 countries on

employment of Turkish citizens. All these agreements contain provisions concerning the

selection, travelling and employment conditions to be met and procedures to be followed

for the employment of Turkish citizens in the countries concerned.

4. Treaties for the avoidance of double taxation concluded with 80 countries include

provisions about transfer of social security pensions of migrant workers and members of

their families.

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5. Multilateral agreements ratified by Turkey:

Instruments adopted by the United Nations

• International Convention on the Protection of the Rights of All Migrant Workers and

• Members of Their Families ICMW, 1990

• International Covenant on Economic, Social and Cultural Rights, 1966

• International Covenant on Civil and Political Rights,1966

• Optional Protocol to the International Covenant on Civil and Political Rights

• Convention on the Elimination of All Forms of Discrimination against Women

• Convention on the Rights of the Child

• Convention on the Rights of Persons with Disabilities

Instruments adopted by the ILO

• Social Security (Minimum Standards) Convention, C102

• Equality of Treatment (Social Security) Convention, C118

• Forced Labour, (No. 29), Abolition of Forced Labour, (No. 105),

• Minimum Age (No. 138),

• Worst Forms of Child Labour (No. 182),

• Freedom of Association and Protection of the Right to Organize (No. 87),

• Right to Organize and Collective Bargaining (No. 98),

• Equal Remuneration (No. 100),

• Discrimination (Employment and Occupation) (No. 111).

Instruments adopted by the Council of Europe

• The European Convention on Human Rights, 1950, and its Protocols

• European Convention on the Legal Status of Migrant Workers

• The European Social Charter, 1961, and its Protocols of 1988, 1991 and 1995

• The European Social Charter (revised), 1996

• European Convention on Social Security

• European Code of Social Security

• European Interim Agreement on Social Security Schemes Relating to Old Age,

Invalidity and Survivors

• European Interim Agreement on Social Security other than Schemes for Old Age,

Invalidity and Survivors

• European Convention on Social and Medical Assistance

Agreements with the EU and Association Council Decisions

• The Association Agreement ( Ankara Agreement)

• Additional Protocol,

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• Association Council Decision 1/80

• Association Council Decision 3/80

6. Turkey has concluded readmission agreements with European Union, Syria, Greece,

Kyrgyzstan, Romania, Ukraine, Pakistan, the Russian Federation, Nigeria, Bosnia-

Herzegovina, Yemen, Moldova, Belarus, Montenegro and Kosovo.

(c) Legislative and practical measures taken by the State party to ensure the rights

guaranteed in part III of the Convention to migrant workers and members of their

families who are non-documented or in an irregular situation;

7. Principles related to foreigners working in Turkey are regulated by the Law and

Implementation Regulation on Work Permits of Foreigners numbered 4817.

8. Significant amendments have been introduced in work permits of foreigners with

Law on Foreigners and International Protection numbered 6458. With this Law, valid work

permit and Work Permit Exemption Certificate granted based on Article 10 of the Law on

Work Permits of Foreigners numbered 4817 shall be considered as residence permit.

9. “International Convention on the Protection of Rights of All Migrant Workers and

Members of Their Families” signed on January 13, 1999 by Turkey does not only consider

migrant workers but also their families. Since it may especially cause partition in the

families, it is specified in the introduction of the Convention that the fact that migration

may bring very serious problems both in terms of migrant workers and their families shall

be considered. Besides, there is the statement “State Parties, recognizing that the family is

the natural and fundamental unit of society and is entitled to protection by society and the

State, shall take appropriate measures to ensure the protection of the unity of the families of

migrant workers” in Article 44 of the Convention. In this framework;

10. Within the framework of Articles 34 and 35 of the Law on Foreigners and

International Protection numbered 6458, family residence permit is issued for the family

members of foreigners, who legally work in our country. On the other hand, the definition

of supporter in Article 3 of the same Law is “Turkish citizen or person legally residing in

Turkey, who is taken as a reference to the application by the parties who request residence

permit and who bear expenses of foreigners to arrive Turkey for ensuring unity of the

family”. Within this context, foreigners, who hold work permit, are accepted as supporters

in family residence permits on condition that they fulfill the conditions.

11. Family members of migrant workers may apply to Provincial/Sub-Provincial

Migration Directorates for receiving residence permit (family residence permit) that suits

the purpose of their stay within the period specified (before the visa terminates) as soon as

they arrive our country with the visa required for that purpose.

(d) Any instruments of national legislation that provide for the application of the

Convention to refugees and/or stateless persons (art. 3 (d) of the Convention);

12. In national legislation of Turkey, there is no specific regulation that the Convention

is applicable to refugees and stateless persons. However, the rights mentioned in the

Convention are provided for refugees and stateless persons with prescribed legal provisions

below.

• Law on Foreigners and International Protection, Law No: 6458

• Law on Work Permits of Foreigners, Law No: 4817

• Law on Social Security and General Health Insurance, Law No: 5510

• Law on Passport, Law No: 5682

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• Law on Child Protection, Law No: 5395

• Attorneyship Law, Law No: 1136.

• Circular no. 2010/03 of 24 March 2010 was issued and put into effect by the General

Directorate of Social Services and Children Protection

• Circular on Social Assistance and Solidarity Foundation dated 2009.

(e) Clarification of the status granted to refugees who have fled their conflict-ridden

countries outside the Council of Europe, particularly Syria.

13. The proceedings and procedures of foreigners with Syrian nationality, arriving en

masse in Turkey due to the conflicts in their country and demanding protection are

conducted under Article 91, entitled Temporary Protection, of the Law dated 04/04/2013

and numbered 6458 on Foreigners and International Protection, as well as Regulation on

Temporary Protection dated 22/10/2014 and numbered 6883 issued by the Council of

Ministers pursuant to this Article. Within the framework of the aforementioned legislation,

Syrian foreigners are considered as being under “Temporary Protection” status in Turkey.

14. No one within the scope of this Regulation shall be returned to a place where he or

she may be subjected to torture, inhuman or degrading punishment or treatment or, where

his/her life or freedom would be threatened on account of his/her race, religion, nationality,

membership of a particular social group or political opinion (Art.6/1).

15. Foreigners under this Regulation may be provided with health, education, access to

labor market, social assistance, interpretation and similar services (Art.26/1).

16. Patient contribution fee shall not be collected for primary and emergency health

services and the respective treatment and medication (Art.27/1-b)

17. Education activities for foreigners under this Regulation shall be conducted inside

and outside temporary accommodation centers under the control and responsibility of the

Ministry of National Education. In that regard:

18. Pre-school education services may be provided to children who are 36-66 months

old, where the children who are 54-66 months old are prioritized.

19. Education activities for those at the age of primary and secondary education shall be

carried out in line with the relevant legislation of the Ministry of National Education.

20. Language education, vocational courses, skills trainings and hobby courses

addressing all age groups may be organized on demand.

21. Procedures and principles related to associate, undergraduate, masters and doctorate

degrees shall be determined by the Presidency of Council of Higher Education.

22. A document indicating the content and duration of the education shall be issued to

foreigners receiving education in our country within the scope of this Regulation (Art.28).

23. Persons, who hold a Temporary Protection Identification Document, may apply to

the Ministry of Labour and Social Security to receive work permits to work in the sectors,

professions and geographical areas (provinces, districts or villages) to be determined by the

Council of Ministers.

24. Validity period of the work permits given to the persons benefiting from temporary

protection shall not be longer than the duration of the temporary protection. The validity of

the work permits issued within this scope shall end upon the end of temporary protection.

The work permits issued to persons benefiting from temporary protection shall not

substitute residence permits regulated in the Law. The persons benefiting from temporary

protection do not require work permit if they work seasonal agricultural jobs.

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25. Those among the foreigners under this Regulation, who are in need, may be allowed

access to social assistances and social services.

2. Please inform the Committee about the measures, including specific legislative,

administrative, judicial or other measures taken by the State party, to ensure the

effective implementation of the Convention. Please include information on the

ministry or institution responsible for coordinating and monitoring the

implementation of the Convention in the State party. Please also include information

on steps being taken to ensure the full implementation of the Act on Foreigners and

International Protection (No. 6458) of 4 April 2013, and the harmonization of national

legislation with the provisions of the Convention. Regarding that Act, please inform

the Committee about:

(a) Secondary legislation and implementation regulations;

• Temporary Protection Regulation dated 22 October 2014,

• Regulation on Work Permits of Foreigners Under Temporary Protection dated 15

January 2016,

• Regulation on Implementation of the Law on Foreigners and International Protection

(LFIP) dated 17 March 2016,

• Regulation on Combating Human Trafficking and Protection of Victims dated 17

March 2016

(b) Specific coordination mechanisms, including at the ministerial and local levels, to

ensure its full implementation;

(c) Establishment of new bodies to deal with the human rights of migrant workers, such

as the Directorate-General for Migration Management and its human and financial

resources.

26. In order to contribute to the studies related to the 24th Chapter during the

negotiation process with the European Union along with all national and international

stakeholders, a transparent and participative process has been followed, and “Law on

Foreigners and International Protection” (LFIP) was accepted in the General Assembly of

Grand National Assembly of Turkey on April 4, 2013. LFIP was endorsed as Law No.

6458, on April 10, 2013 by the President and put into force after being published in the

Official Gazette numbered 28615 dated April 11, 2013.

27. With LFIP, “Directorate General of Migration Management” (DGMM) under the

Ministry of Interior has been established in order to execute procedures and proceedings

regarding migration and asylum.

28. Removal ban has been granted complying with Articles 4 and 55 of LFIP, and it was

prevented to return a person to any country that he/she has the risk of facing torture and

similar inhuman treatment. With this article, “non-refoulement principle”, which is a

principle of international law, has gained a legal basis for the first time.

29. Additionally, through Articles 46 and 63 primarily for those whose lives and

freedom are in danger, the mechanisms of humanitarian residence permit and secondary

protection are arranged to ensure the stay of the individuals, who are not returned to their

countries due to mentioned articles.

30. With Law No. 6458, Work Permit Exemption Certificate granted according to the

Article 10 of the Law on Work Permits of the Foreigners numbered 4817 and dated

27/2/2003 shall be accepted as residence permit. Foreigners, who are granted Work Permits

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or Work Permit Exemption Certificates, are obliged to pay charges according to the term of

their work permits complying with Law on Duties numbered 492 and dated 2/7/1964. In

order to grant a work permit or extend the term of the permit, the condition of not being

within the scope of Article 7 is sought for the foreigner.

3. Please inform the Committee about the main activities carried out by the Office of the

Ombudsperson to promote and protect the human rights of migrant workers and

members of their families, regardless of their administrative status, and the human

and financial resources available for those activities. Please also clarify the

Ombudsperson’s mandate and authority to intervene on all migration-related

administrative decisions and investigate complaints made by migrant workers,

including those in an irregular situation.

31. Firstly, according to Article 5 of Law No: 6328, Ombudsman Institution is

"responsible for investigating, researching all kinds of actions and works and attitude and

behaviours of administration, upon the complaints on the functioning of the Administration,

with the understanding of justice based on human rights and in terms of appropriateness to

law and fairness." According to Article 17 of the Law, foreigners can also make their

complaints to the Institution.

32. While the Ombudsman has no authority to intervene in decisions on migration by

any institution, it may make suggestions to withdraw or abolish the decisions if violation of

rights and interests are detected as a result of the decision taken. If a complaint is made by

migrant workers including those entering into Turkey illegally, the Ombudsman has the

authority to carry out investigations and researches regarding the compliant, to request all

kinds of information and documents from the complained administration, to assign experts

and to hear witnesses, and finally to make suggestions to the related public administration

body.

4. Please provide details on the National Human Rights Institution (NHRI) and indicate

whether its mandate includes monitoring the human rights of migrant workers. If so,

please clarify whether it has investigative powers on issues related to the human rights

of migrant workers, including those in an irregular situation. How is cooperation

between the Office of the Ombudsperson and the NHRI assured, in order to avoid

duplication and confusion?

33. If an application is conveyed both to the Ombudsman Institution and to the National

Human Rights Institution on the same issue, the two Institutions conduct separate

investigations and take decisions. It would be preferable to cooperate on such cases if

information is received in a timely manner from the National Human Rights Institution.

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5. Please provide information on the steps taken by the State party to promote and

publicize the Convention and relevant migration legislation and to increase awareness

and understanding of the provisions of those instruments within the State party

among the general public, migrant workers and members of their families, employers,

teachers, health workers and government officials, including law enforcement officials

and the judiciary. With respect to migrant workers who are nationals of the State

party working abroad, please also describe the measures taken by the State party to

promote training programmes, including on gender sensitivity, for government staff

dealing with migration issues. In particular, please provide information on training

for those providing legal and consular assistance to nationals of the State party

abroad who are seeking justice against abuse in the workplace, and regarding migrant

workers or members of their families who have been arrested, held in prison, placed

in custody pending trial or detained in any other manner.

34. Meetings were held with various public institutions by the Department of

Harmonisation and Communications established within the Directorate General of

Migration Management in order to announce the Law No: 6458 on Foreigner and

International Protection, and to increase awareness on the issue and ensure its

implementation. Moreover, “Preliminary Meeting on Harmonisation Activities Curriculum”

was held with public institutions, and consultations conducted regarding the harmonisation

of foreigners to the country. “Migration Post” Bulletin, the periodical of the Directorate

General, is published trimonthly and delivered to related public institutions working for

increasing awareness and sensitivity about foreigners and migration.

35. Counsellors and Attaches of labour and social security are posted at the offices of

Turkish diplomatic missions by the Ministry of Labour and Social Security. They serve in

50 missions in 23 countries on behalf of Turkish migrants irrespective of their immigration

status. Migrant workers and members of their families can obtain at these offices legal and

administrative assistance, accurate information about social security, employment,

vocational training, free movement of workers, family formation, family reunification,

discrimination, etc. as well as all related formalities and facilities that may be of interest.

Such services provided at these offices are free of charge. The same service is also provided

to those migrant workers and members of their families who returned to Turkey temporarily

or permanently.

6. Please provide information on the cooperation between the State party and civil

society organizations working on migrant workers’ rights in relation to the

implementation of the Convention. Please also provide information on the

involvement of civil society organizations in the design and implementation of policies

related to labour migration and human rights. Please indicate whether civil society

organizations were involved in the preparation of the replies to the present list of

issues.

36. It was not possible to cooperate with the nongovernmental organizations during the

preparation of the report.

7. Please provide information on any reviews the State party has carried out or plans to

carry out to withdraw or amend its reservations and declarations regarding articles

15, 40, 45, and 46 of the Convention.

37. With the Law on Trade Unions and Collective Agreements No. 6356, formation of

trade union organs and procedures for the establishment of trade unions are facilitated and

the condition for founders of trade unions to have Turkish citizenship is removed. After this

development, Turkey is considering withdraw its revervation for Article 40.

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B. Information relating to the articles of the Convention

1. General principles

8. Please provide information on: (a) judicial and/or administrative mechanisms

competent to examine and decide on complaints by migrant workers and members of

their families, including when they are non-documented or in an irregular situation, in

case of a violation of their rights; (b) the complaints examined by such mechanisms in

the past five years and their outcome; (c) any redress provided to victims of such

violations; and (d) any measures taken to inform migrant workers and members of

their families about the remedies available to them for violations of their rights.

38. In case rights of persons migrant workers and their families, including those who

enter Turkey illegally without having any documents, are violated, one of the mechanisms

responsible for investigating the complaints by these people and to make a decision is the

Ombudsman Institution. Ombudsman Institution can only carry out investigation and

research in case of complaint in accordance with the Law No: 6328, and can prepare special

reports in issues it deems necessary. The Ombudsman Institution started to receive

complaint applications as of 29 March 2013. Until today, no application has been made

with the claim that rights of migrant workers and their families have been violated. Thus,

no investigation and research has been carried out regarding this issue. As a result, no

personnel or financial resource have been allocated on this count.

39. Brochures and booklets are published in order to provide information to migrants.

Efforts are continuing to establish a Children’s Web Page and Communication Center for

Foreigners (ALO 157) to serve in 4 different languages.

40. The Law on Foreigners and International Protection was translated into 10 different

languages. DGMM web page was translated into English to ensure the access of migrants to

the necessary information. Translation into other languages: Since 2014, along with Turkish

and English, our web page was launched in 4 different languages including German and

French, and content translations still continue. Moreover, translation studies in 7 other

languages (Italian, Spanish, Russian, Greek, Bulgarian, Arabic and Persian) continue.

Turkish languages courses are given in 3 pilot provinces (Kayseri, Konya and

Afyonkarahisar) in order to better harmonize the foreigners residing in Turkey with the

society. It is envisaged that the courses will be expanded to include all provinces in 2015, if

required. An article introducing the Migration Management and the Law was published

recently in Skylife Magazine of Turkish Airlines. Thus, information on the institution and

the Law reached approximately 50 million people.

2. Part II of the Convention

Article 7

9. Please inform the Committee about measures taken to guarantee non-discrimination,

both in law and in practice, to all migrant workers and members of their families with

regard to the rights provided for in the Convention. Please include information on

education, training and awareness-raising programmes to combat stereotypes,

xenophobia and discrimination against migrant workers.

41. The concept of harmonization has been regulated with Law numbered 6458 for the

first time in Turkey. Within the economic and financial possibilities of the country,

compliance activities are planned benefiting from the recommendations and contributions

of public institutions and entities, local administrations, non-governmental organizations,

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universities and international organizations in order to facilitate harmonization of the

foreigner and applicant or people who have status of international protection with the local

community and to equip them with information and experience they need in order to act

independently in our country, in the country they are re-settled or in countries they returned

in any area of social life. In order to identify the road map of harmonization, workshops are

being arranged with academicians and CSOs, and solutions are tried to be found to the

questions and problems of the migrants.

42. Main harmonization policies of Turkey are regulated in Article 96 of the Law on

Foreigners and International Protection numbered 6458 under the title “harmonization”, and

the foreigners and applicants or international protection status holders were aimed to

benefit from those policies. In coordination with International Organization for Migration

“Project for Developing Turkey’s Harmonization Strategy Document and National Action

Plan” has been initiated. The purpose of the project is to develop a comprehensive, strategic

and institutional framework compliant with the effective international and European Union

approaches and consistent with political, socio-economic and historical migration context

specific to Turkey. It is planned to establish a commission, in which executives of the

related public institutions and entities in order to create a consultancy and decision making

mechanism about Development of Harmonization Strategy Document and National Action

Plan participate. Besides, after the commission is established, a “National Technical Team”

shall be established to manage technical processes of the project. Expected output of the

project is to make harmonization issue an inseparable part of the migration management

system. Inclusion of other related public policies as education, health and employment in

harmonization policies shall be ensured. Additionally, policies and implementation tools

(strategy paper, action plan) shall be developed in a way to consider harmonization issue

effectively and comprehensively.

43. Developing policy tools as strategy paper and action plan, raising awareness and

informing public institutions and entities, municipalities, CSOs, academicians, research

institutions and entities, media agencies and migrant groups those are related to

harmonization, and establishing a governance mechanism are needed.

44. Mentioned strategy paper and action plan shall also include the activities to be

carried out for Syrians within the scope of the temporary protection.

45. In coordination with Directorate General of Life-Long Learning and DGMM, for

organizing Turkish language courses, harmonization courses and courses to improve

occupational and social skills, and for certifying the successful trainees, it is decided to sign

a cooperation protocol. Thus, the activity area shall be extended via public education

centers that have an extensive nationwide network.

46. It is planned to open community centers aiming to serve Syrians, who are under

temporary protection, as well as to assist their harmonization with the society.

Infrastructural efforts have been initiated with the participation of other public institutions

for discussing technical and service standards of community centers, which shall come to

life within the scope of an international project and its operations shall be under the

responsibility of Turkish Red Crescent, as well as the establishment of the related legal

infrastructure.

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10. Please provide information on measures to ensure that migrant workers and members

of their families who are documented/in a regular situation or non-documented/in an

irregular situation, as applicable, enjoy the same treatment granted to nationals of the

State party, in law and in practice, in relation to access to medical care, housing,

including social housing schemes, social services, education and work.

47. In Turkey, there exist no distinction, exclusion, restriction or preference, in law or in

practice, between persons or groups of persons, on the basis of race, colour, sex, religion,

political opinion, nationality or social origin, which would have the effect of nullifying or

impairing the recognition, enjoyment or exercise of equality of opportunity/treatment in

employment or occupation, access to medical care and education and housing schemes.

However the restrictions by the related Turkish laws regarding acquisition of immovable

property by the foreigners are preserved.

48. Migrants who are non-documented or in an irregular situation have the right to

access to medical care in case of emergencies free of charge if they do not have sufficient

financial resources.

3. Part III of the Convention

Articles 8 to 15

11. Please provide information on the measures taken to combat abuse and exploitation of

migrant workers and members of their families, particularly women in an irregular

situation, and to prevent the exploitation of migrant workers, particularly women, for

prostitution in the State party.

49. In relation to the aforementioned issues, there are preventive measures in the

Turkish legislation about sexual abuse of especially women by force. In this regard; within

the framework of Article 80 of the Turkish Penal Code, a heavy sanction such as

imprisonment from eight to twelve years and a judicial fine equivalent to ten thousand days

are envisaged for those committing the crime of human trafficking.

Articles 16 to 22 and 83

12. Please describe the due process safeguards in situations of investigation, arrest and

detention of migrant workers and members of their families for criminal offences and

administrative infractions, and with regard to the latter, please include immigration-

related matters. Please indicate whether the State party has taken any measures to

provide for non-custodial alternatives to detention.

50. In Article 90 of the Law numbered 6458, there is responsibility for the applicant or

person, who holds international protection status, to notify updated information on his/her

work status in thirty days. In the same Article, for the foreigners, who violate the

administrative responsibilities, an administrative sanction is imposed restricting the rights

other than education and basic health rights.

51. However, for the ones, who were identified to work without a work permit,

deportation decision shall be given complying with Article 54 of the Law numbered 6458.

On condition that it is specified on the decision for deportation, a time period of up to 30

days shall be given not being less than 15 days to let the foreigners leave Turkey. For the

ones subject to a deportation decision if there is the risk to run away and disappear, if

he/she violates the rules for entering to and leaving Turkey, if he/she uses inaccurate or

false documents, if he/she does not leave Turkey within the specified period of time without

an acceptable reason, and if he/she causes threat in terms of public order, public security or

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public health, then administrative detention decision can be taken by the governorate.

Administrative detention decision is not a decision given as a result of a penal jurisdiction

due to the delinquencies the foreigners in terms of penal code. If the foreigner commits an

illegal act, its results remain within the jurisdiction of the penal code, however; the fact that

if the act he/she commits causes a reason for deportation shall be evaluated separately.

Nevertheless, complying with Article 59 of Turkish Penal Code, the foreigner, who is

convicted to imprisonment due to the crime he/she committed, shall be immediately

notified to Ministry of Interior in order to be evaluated about deportation after his/her

conditional release and completion of his/her sentence any way. If Ministry of Interior

gives deportation decision, the foreigner may be kept under administrative detention until

the decision is executed. However, even in this situation, administrative detention is subject

to law on foreigners and administrative law and not subject to penal code.

52. If the results to be achieved with administrative detention are achieved via other

means, then administrative detention shall not be implemented yet the liabilities to reside at

a specified address or giving signature on specified days and etc. may be brought as

specified in paragraph 4 of Article 57 of the Law.

53. It is understood that there is no provision exclusive to migrant workers and their

families and which restricts their rights in Turkish Criminal Code No:5237, Criminal

Procedure Code No:5237 and other laws containing special criminal provisions. The

persons in question are, in the framework of general provisions, entitled to be tried in a

short period of time, have his/her relatives informed in case of his/her arrest or custody, not

to be subjected to an arbitrary arrest or detention according to the investigation and

prosecution procedures to which citizens of Turkish Republic are subject.

13. Please provide detailed information on migration detention centres, conditions of

detention for migrant workers and efforts to improve those conditions, including

whether:

54. With the improvement efforts, removal centers taken over from Directorate General

of Security by Directorate General of Migration Management with the capacity of 1740

have reached the capacity of 2.890 through the improvements realized during the handover

process. Following conducted works and newly-opened centers, current capacity has

reached 5.870. 5 of 6 of the reception and accommodation centers established within the

scope of the EU Project have been planned to convert to removal centers. In this context,

conversion processes of the 3 centers were completed and put into service. Conversion

processes of the other two centers are ongoing. It is planned to complete the deficiencies

and operate the centers as of June 2016.

55. Removal Centers Project with a national budget, covering the construction of 12

removal centers, has been taken to the Investment Programs of 2014 and 2015 by Ministry

of Development. Total capacity of those centers is 4820 and construction of one of the

centers shall be completed by June and the center shall be opened. Container centers, being

constructed in two provinces, shall be completed in the upcoming months and they are

planned to be opened in the coming months. It is observed that the capacity of removal

centers shall be 13.970 people by June 2016. Projecting and tender procedures for other

centers are still going on. It is planned to commission 12 of the centers by the end of 2017.

56. In removal centers, within the scope of the Law on Foreigners and International

Protection numbered 6458; arrangements have been made related to the tasks and

operations of the center’s management and people who shall stay in the shelter. Those

arrangements have been put into force by “Directorate General of Migration Management’s

Directive on Removal Centers” dated 16.10.2015. With the Directive, arrangements have

been made on operation units, personnel issues, acceptance of foreigners to the center and

proceedings related to admission, settlement, provision of information to the individuals

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staying at the shelter about their rights and responsibilities, services provided in the center,

communication and visits, and overall security of centers. With the latest actions, the

Directive on” Procedures and Principles regarding the operation of removal centres” dated

18.02.2016 has been put into force. With this Directive; the issues on risk groups, visits,

communication, physical conditions, services provided and offering ways, life styles and

placement of the foreigners at the centres, administrative transactions from admission and

entry into centre to deportation of the foreigners, working units and missions of centre’s

personnel as well as arrangements on the centres’ security have been made.

(a) The State party has in place alternatives to detention for immigration-related matters;

57. In Article 58 of the Law on Foreigners and International Protection numbered 6458,

implementation of “administrative detention for deportation” has been arranged and

foreigners excluded from the implementation are kept in removal centers. Administrative

responsibilities as residing in a specified address and notifying addresses in periods and

methods to be specified can be requested.

(b) Persons detained for immigration reasons are held in separate facilities or together

with convicted persons or persons detained pending trial;

58. Although prisoners and detainees stay in prisons within the scope of Penal Code,

people, who are under administrative detention due to reasons related to migration, are kept

in removal centers complying with Article 58 of the Law numbered 6458. Removal centers

are centers established for the purpose of ensuring shelter for foreigners who are under

administrative detention and for controlling them and operated directly, or centers operated

upon a protocol with public institutions and entities, Turkish Red Crescent or associations

working for public welfare with expertise in migration issues. People, who are arrested or

imprisoned due to acts in penal code, do not stay in these centers.

(c) Measures to ensure that alternatives to the detention of children exist in the State

party. In cases in which alternatives are not used, please provide information on how

the State party ensures that children and women are held in gender and age-

appropriate detention conditions, including by separating children from adults and

female from male detainees who are not family members or partners;

59. It is ensured that foreigners kept under administrative detention are sheltered in

separate divisions arranged for women, men, children, families and disabled.

(d) Women detainees are supervised by female personnel;

60. There are sufficient female staff in centers to supervise foreign women kept under

administrative detention for deportation, if needed. In the recruitment of personnel in

services and security of the centers, the personnel are recruited so as to meet the needs in

terms of gender. Female personnel accompany women when they visit the hospital and the

security of the section reserved for women, corridors, entry points, body search of women

are conducted by female personnel.

(e) Family-friendly facilities are provided for families where possible and appropriate.

61. Family rooms are being established in centers to keep the families together. Also, in

newly built centers those rooms are included in the projects of the centers. In case the

rooms within the centers are not occupied, families are not separated and union of family is

ensured. If it is impossible to keep families together due to the possibilities of the centers,

family meeting hours must be arranged in addition to the time spent outdoors and in meals.

Manager of the center is responsible for those hours and their arrangement according to the

occupancy rate of the center.

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62. The mission of the Ministry of Family and Social Policies is to formulate, apply and

monitor fair, supply-oriented and integrated social policies with a participatory

understanding targeting the entire society prioritizing disabled segments to increase

individuals, families and society's welfare.

63. The Ministry is in cooperation with International Social Services (ISS) which

undertakes international case studies for the resolution of social, administrative,

psychological and legal problems of citizens of foreign nationality in our country.

Cooperation of Turkey with ISS starting in 1963 is generally in social, legal and familial

areas. Currently nearly 600 case studies are being conducted. The said cooperation involves

all citizens of the country in cooperation with the organization based on the principle of

reciprocity of services. Therefore the scope of the services provided is for citizens of the

countries which are parties to the organization and to the Turkish national citizens in related

countries.

64. Citizens of foreign nationals residing legally in our country can apply to the

Ministry of Family and Social Policies via hardcopy mail or in petition via Prime Ministry

Information Centre or to Family and Social Policies Provincial Directorates for their social,

legal and family problems. With the said application, the Ministry ensures conducting of

necessary social analysis at home and abroad and thereby preparation of needed social

analysis reports to help resolution of problems of individuals or families stemming from

below mentioned reasons and guiding the preparation of reports in such way as to aim

service quality by assessing the said social analysis reports and determining social services

models to be presented:

• Family Reunion

• International Child Abduction

• Divorce

• Child Welfare

• Parenthood Rights

• Custody

• Child Abuse and Negligence

• Reestablishment of Communication

• Investigation of Roots

• Return

14. With regard to article 22, paragraph 4, and article 83 of the Convention, please

provide information on the implementation of the right to appeal decisions on the

withdrawal of residence authorization and expulsion. Please provide information on

cases of collective expulsions.

65. Complying with Article 25 of the Law No. 6458, decisions on rejection of residence

permit requests or their cancellations are notified to the foreigner or her/his legal

representative or her/his lawyer. The notice includes how foreigner may use her/his rights

effectively to object to the decision and her/his rights and liabilities regarding this process.

Foreigner may file lawsuit against the administrative proceeding in the administrative court

within the framework of the general provisions.

66. According to the same Law, foreigner, legal representative or lawyer may apply to

the administrative court within fifteen days as of the day the deportation decision is

notified. Authorized administrative court is the court where the administrative office,

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executing the administrative proceeding of administrative contract subject to the case, is

located. The person who have applied to the Court informs the application to the authority

that gave the decision for deportation. Applications made to the court are finalized in fifteen

days (LFIP, Art.53/3). However, this is not quite possible in practice. The decision rendered

by the court for this subject is final. Reserving the right of the foreigner, during the period

granted for opening a court case or in case of application made to the court, the foreigner

cannot be deported until the jurisdiction is completed.

67. A deportation decision is taken separately for each foreigner. Reasons for

deportation, case of the foreigner, if the foreigner is within the scope of the people for

whom deportation decision cannot be made, and other issues are evaluated separately for

each foreigner individually.

Article 23

15. Please provide information on the mandate and resources of the Directorate-General

for Consular Affairs with regard to Turkish workers abroad. Please indicate which

consular services are provided to Turkish workers and members of their families

abroad, including those in an irregular situation. Please also provide statistics on and

examples of the legal assistance provided and indicate whether due process is

observed, including in detention and/or expulsion cases. Please indicate whether

foreign migrant workers and members of their families in Turkey are informed of

their right to have recourse to the protection and assistance of the consular or

diplomatic authorities of their State of origin whenever the rights recognized in the

Convention are impaired, particularly in case of expulsion.

68. With regard to guaranteeing the rights of the Turkish workers abroad, the relevant

Turkish Ministry to sign and implement bilateral social security agreements is the Ministry

of Labor and Social Security. The Directorate General for Consular Affairs of the Ministry

of Foreign Affairs assists the Ministry of Labor and Social Security in conclusion and entry

into force of these agreements. Besides, the Turkish consular missions abroad, upon

request, prepare necessary documents for the Turkish workers for their social security

payments.

69. Regardless of the statuses of Turkish citizens living abroad, such as

"worker/employer" or "asylum seeker/refugee", all the acts related to their civil status,

nationality, passport, and notarial acts are carried out by the Turkish General Consulates

and Consular Sections of the Embassies of the Republic of Turkey.

70. Most of the General Consulates operating in areas with dense Turkish populations

employ legal advisers in order to provide direct legal aid to Turkish citizens. Those legal

advisers provide legal assistance to our citizens during detention or expulsion procedures,

upon request for consular protection. In other General Consulates, which do not employ any

legal advisers provide citizens with a list of names of legal advisers working in the area.

General Consulates issue necessary travel documents for citizens about whom the expulsion

procedures were completed and the relevant remedies were exhausted, for their return to

Turkey.

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Articles 25 to 30

16. Please describe labour laws and regulations relating to remuneration and conditions

of work, including on overtime, hours of work, weekly rest, holidays with pay, safety,

health, termination of work contract and the minimum wage applicable to migrant

workers in both regular and irregular situations. Please indicate whether the same

labour laws and regulations relating to labour and social protection apply to nationals

of the State party. Please describe the measures taken to ensure that migrant workers

in an irregular situation enjoy equality of treatment with nationals of the State party

with regard to conditions of work.

71. The Constitution of Turkey guarantees the right to work. Article 5 of Labour Law

No. 4857 entitled “principle of equal treatment” prohibits discrimination on the ground of

language, race, sex, political thought, philosophical belief, religion, sect and similar

grounds in employment relations. In case of violation of the provisions of this article, the

worker can demand the rights that he/she has been deprived of, in addition to an appropriate

indemnity equivalent up to four months’ wages. Article 18 of Labour Law concerning the

conditions for termination of labour contracts explicitly state that race, colour, sex, marital

status, family obligations, pregnancy, maternity leave, religion, political opinion and similar

reasons do not constitute a valid reason for such termination.

72. Furthermore, allegations of discrimination in labour relations can be placed before

the Labour Inspection Board of the Ministry of Labour and Social Security. Besides, legally

employed migrant workers enjoy from the services of Turkish Employment Agency on an

equal basis with the Turkish citizens such as providing information, guidance and

consultancy services, placement and occupational training. The legal and administrative

regulations do not have any limitation for migrants regarding the presentation of these

services.

17. Please clarify to what extent migrant workers and members of their families in an

irregular situation have trade union rights and access to social security and

emergency health care.

73. Migrant workers and members of their families who are non-documented or in an

irregular situation do not have the right to become a member of a trade union.

74. Migrant workers who are in an irregular situation have the same social security

rights as Turkish nationals if they paid social insurance contributions during their

employment. If they don’t have enough contribution periods, their contributions shall

reimburse to them.

75. Migrant workers and members of their families who are non-documented/in an

irregular situation have the right to access to medical care in case of emergency situation

free of charge if they don’t have sufficient financial resources.

76. In addition to all these, article 1 of the Law on Encouraging Social Assistance and

Solidarity No. 3294 states "This law aims to help the needy persons accepted to Turkey

under whatever means, ensuring fair distribution of income taking measures to promote

social justice and to encourage social help and solidarity.”

77. In this regard, if needy foreign citizens apply to Social Help and Solidarity

Foundation and they can benefit from the services of that foundation. Foreigners in Turkey

can be grouped into two categories in terms of social assistance:

• Foreigners with interim identity number: All Foreigners in Turkey with interim

identity number can access to same conveniences as Turkish citizens.

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• Foreigners without interim identity number: Foreigners without interim identity

number can benefit from other assistance programs except for regular assistance.

78. Regarding the remuneration and other employment and working conditions or

membership of trade unions and enjoyment of collective bargaining rights are provided on

the equal level for migrants and Turkish citizens.

18. Please describe how the different social security schemes in place in the State party

are applied to migrant workers who are documented or in a regular situation and to

those who are non-documented or in an irregular situation. Please indicate whether

contributions made by migrant workers to pension schemes, if any, are reimbursed to

them and/or whether Turkey is a party to bilateral or multilateral agreements on the

recognition and transfer of accrued pension benefits.

79. In Turkey, migrant workers who are documented or in a regular situation and those

who are in an irregular situation have the same social security rights as Turkish nationals if

they paid social insurance contributions during their employment. During the registration

stage, Turkish Social Security Institution does not ask any question to foreign migrant

whether they have working or residence permit.

80. Migrant workers who are documented or in a regular situation and those who are in

an irregular situation have enough contribution periods shall be entitled social insurance

benefits. If they don’t have enough contribution periods, their contributions shall reimburse

to them.

81. The provisions of bilateral or multilateral social security agreements which Turkey

is a party ensure to nationals of other contracting party, irrespective of their migrant status

social security rights within the principles of equality.

19. Please indicate what measures the State party has taken to guarantee that children of

migrant workers abroad, including children of migrant workers who are

undocumented or in an irregular situation, enjoy the right to be registered at birth

and to have their nationality of origin ensured in law and in practice.

82. The children of migrant workers who are undocumented or in an irregular situation,

are registered at birth by the Turkish General Consulates, in consultancy with the General

Directorate of Civil Registration and Nationality (Ministry of the Interior), after

confirmation of Turkish citizenship of one of the parents.

20. Please inform the Committee about the domestic legislation that guarantees access to

education for all children, including the children of migrant workers. Please indicate

whether primary and secondary education is compulsory and available free of charge

for all children of migrant workers, including those who are non-documented or in an

irregular situation, and provide statistical data on the enrolment of children of

migrant workers at the primary, secondary and tertiary levels of education.

83. The importance of the right to education is highlighted in several legal regulations

and international agreements, especially in the Constitution of Turkey. With the enactment

of Law No: 6287, compulsory education in our country has been extended to 12 years and

is free for all children.

84. Foreigners’ entry to, stay in and exit from Turkey as well as the procedures and

principles related to the scope and implementation of the protection to be provided to

foreigners requesting protection from Turkey are determined in Law No: 6458 on

Foreigners and International Protection. The Ministry of Education has prepared a guidance

and explanatory regulation in line with the related legislation to eliminate problems and

hesitations experienced by foreigners in education services in Turkey.

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85. With Circular No.2014/21 on "Education Services for Foreigners", limitations to

access to educational institutions of the Ministry have been removed for all registered

foreigners. Foreign children’s access to education, including the children of migrant

workers in our country, is regulated by Circular No. 2014/21.

86. Foreign nationals’ children should be registered for accessing primary and

secondary education. No services except for emergency health care can be provided for

unregistered foreigners according to the Circular issued by the Ministry of Interior.

87. Enrolment in primary schools is carried out within the scope of Article 10, 11, 12,

13, 14 and 15 of Early Childhood Education and Primary Education Institutions Regulation.

To follow the enrolment and attendance of foreign students at compulsory school age,

students must have residence permits and ID number that will be taken from the district's

population departments according to Circular No. 2014/21. Enrolment and attendance to

school of Children in immigrant families are the same status with the students who have

Turkish Republic (TR) ID numbers. In the 29th article of Secondary Institutions

Regulation, enrolment principals are regulated for the foreign students including the

children of migrant workers.

88. Issues related to special education services are also regulated by laws, decrees and

regulations. In this context, issues related to the educational services offered to individuals

with special educational needs are carried out in accordance with the provisions of Law No:

5378 on Disability, No. 573 Decree on Special Education, Decree No. 652 and Special

Education Services Regulation. In order to provide training for individuals with special

educational needs, they should be Turkish Republic citizens or have identification numbers

given to foreign citizens who will reside in Turkey more than six months. Individuals who

have ID number or his/her parents may apply to guidance and research center providing

services in the area of residence and thus necessary measures for individuals with special

educational needs are taken and they can access to education. Family counseling services

are also available for these children and their families.

89. Foreign nationals in Turkey can benefit from open schools on the condition that they

have Turkish Republic ID numbers or “Foreign Identification Card” and meet the

registration admission requirements of the Open Schools.

90. Foreign nationals in Turkey who have temporary TR Identity Number or foreign

identification card can also study for free of charge in 3065 different programs (social and

cultural courses, vocational and technical courses and literacy courses) that are given in

1346 non-formal Education Institutions. These 1346 non-formal education centers are

located in every province and district of Turkey. So, the accessibility is high for all Turkish

and non-Turkish beneficiaries.

91. Foreign nationals are not subject to compulsory education in Open Schools. If they

request they can benefit from the open schools for a nominal registration fee (30 TL)

Registration fee is applied for both Turkish and non-Turkish students at the same amount.

92. The quantitative data of the Syrian and Iraqi students under temporary protection in

our country is collected from the provincial directorates for national education on 15

February 2016. In line with this data, the numbers of students in public schools of Ministry

of National Education and in temporary education centers are presented in the table below.

According to this, 75.748 students in public schools of Ministry of National Education,

247.844 students in temporary education centers, totally 323.592 students, are benefiting

from educational services.

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Class Official

Schools

Temporary

Education

Centers

Total School Age

Population

Gross

Schooling

rate

Total number of students in Pre-

school (5 age) 4757 13684 18441 72633 25%

Total number of 1. Grade (6 age) 23476 50275 73751 71348 103%

Second Grade students (7 age) 13033 50275 63308 68430 93%

Third Grade students (8 age) 8097 31686 39783 67882 59%

Fourth Grade students (9 age) 6809 23215 30024 62240 48%

Fifth grade students (10 age) 5255 18964 24219 55021 44%

Sixth grade students (11 age) 3746 16211 19957 50633 39%

Seventh Grade students (12 age) 3010 12441 15451 51074 30%

Eighth Grade students (13 age) 2351 10282 12633 49733 25%

Ninth Grade students (14 age) 1785 9679 11464 50301 23%

Tenth Grade students (15 age) 1396 6901 8297 49164 17%

Eleventh Grade students (16 age) 1094 4601 5695 54865 10%

Twelfth Grade students (17 age) 939 6812 7751 53627 14%

Total number of students 75748 247844 323592 756951 43%

93. The Ministry of National Education has organized training courses in cooperation

with UNICEF to support the Syrian teachers who teach as a volunteer in temporary

education centers that are set up for the citizens of Syria under temporary protection in

accommodation centers and in the cities, and developed new training modules according to

the demands and needs of Syrian teachers who participated in the trainings. So far, the

Syrian teachers participated in the trainings below:

• Minimum standards of education in emergency situations

• Providing psycho-social support in the school environment to the war-affected

children

• Classroom management in crowded class

• Preparing a lesson plan with basic lines

• Reflective Teachers Model

• Basic Principles and Processes of Development Programme

• Coping with trauma

94. 6,500 participants who participated in ‘‘Coping with trauma’’ training were given a

certificate of participation.

Teacher Data in Temporary Education Centers

95. 1.013 Turkish teachers serve in temporary education centers. 11.060 teachers serve

as a volunteer teacher. There are totally 11.939 teachers.

Total number of Turkish teachers Total number of Syrian teachers Total number of teachers

Woman Man Total Woman Man Total Woman Man Total

508 490 1 013 6 306 4 753 11 060 6 738 5 231 11 939

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Workshops for Educational Needs of Syrian children

96. With the coordination of Ministry of National Education and UNICEF, a workshop

in Gaziantep has been organized in 08-11 December 2015 on the subject of Syrian

Children's Educational Needs. Representatives from Turkish and Syrian teachers, students,

parents, academics, social organizations and governmental organizations has attended this

workshop. The workshop was about students, teachers, parents and organizational needs

which were studied in four scope groups. On the axis of educational environments

fundamental needs of Syrian students, teachers and parents and psychological support

possibilities have been discussed and a report has been prepared on advised solutions.

Project

97. The project for Supporting the Education of Syrians under temporary protection

financed by European Union will be implemented by Turkey Office of UNHCR and the

beneficiary is Ministry of National Education. The Project aims to protect the rights of

migrant workers and their families. It will support the educational services especially for

the Syrians under temporary protection by Ministry of National Education.

98. Aims of the Project are:

• The development of program and material for teaching Turkish as a foreign

language for the different age groups of the foreigners

• Reviewing the Turkish teaching materials that are used in the Public Education

Centers for foreigners

• Organizing courses for the teachers on how to implement the development

programs and materials on teaching the Turkish for foreigners

• Implementing the compensation programs for the Syrian children registered in the

MoNE Schools.

• Development of Arabic curriculum and material for the Syrian children not to forget

their own culture

• Implementing the concentrated university preparation course for the Syrian students

to increase their academic success.

• Preparing and reviewing suitable modular programs for the vocational trainings of

both Turkish and foreign adults in Public Education Centers.

• Preparing press brochures and web site to inform the foreigners especially Syrians to

facilitate their access to formal and non-formal education in Turkey.

• Organizing the activities for the development of the institutional capacity of MoNE

to support the more efficient delivery of services for foreigners.

Articles 31 to 33

21. Please provide information on the measures taken to guarantee respect for the

cultural identity of migrant workers and members of their families.

99. Turkey opens schools, sends teachers/religious officers and organizes

cultural/educational/religious events abroad to guarantee respect for the cultural identity of

the Turkish migrant workers and members of their families. The Turkish diplomatic and

consular missions abroad, within their responsibilities under international conventions, give

necessary assistance to all Turkish citizens, including Turkish migrants workers abroad to

protect their cultural identity.

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22. Please provide information on measures taken by the State party to ensure that

during and upon the termination of their stay in the State party, migrant workers and

members of their families have the right to transfer their earnings and savings and, in

accordance with the applicable legislation, their personal effects and belongings.

Please provide additional information on the measures taken to facilitate the transfer

of those private funds, particularly to reduce the cost of such transactions.

100. Within the framework of the principles identified in the section entitled “Provisions

on “Invisible Transactions” of the Circular No. I-M of Central Bank of the Republic of

Turkey which entered into force by being published in the Official Gazette No. 20918 dated

3 July 1991, it is free for the persons who have migrated to Turkey and are working in the

workplace or independently or engaged in an independent business to transfer their wage

and earnings as in exchange or in Turkish currency.

101. As a result of the regulations within the scope of liberalization of Exchange

Legislation, there is no restriction for the migrant workers in transferring their wage and

savings.

23. Please inform the Committee about any steps taken to inform and guide its nationals

going to work abroad prior to their departure, and migrant workers and members of

their families in, or in transit through, the State party, of their rights and obligations

in the State of employment, in a language that they understand.

102. Turkish Employment Agency (İş-Kur) which is a national placement agency gives

services of finding jobs and employees. Employers abroad need approval of İş-Kur to bring

their personal to another country for work. By this way it's aimed to eliminate any kind of

using informal labour force abroad and secure workers’ rights related to work abroad. İŞ-

Kur informs migrant workers about their rights in the employment state. Employers also

have to provide necessary documents including copies of contracts indicating migrant

workers’ rights and responsibities.

4. Part IV of the Convention

Article 37

24. Please provide information on the measures taken to fulfil the right of migrant

workers and members of their families to be fully informed of all conditions

applicable to their admission, stay and remunerated activities in which they may

engage, as well as of their rights under applicable laws in the State party.

103. Foreigners who want to work in Turkey can benefit from the services of the

embassies and the consulates of Turkey. Councellors and Ataches for Labour and Social

Security, Economy, Finance, Custom, Education, Religion and the staff of Ministry of

Foreign Affairs shall inform the migrant workers and members of their families (preferably

in their own about language) application process for work and residence permit, working

conditions, social security rights, education, finance, double taxation, custom, religion and

all the necessary information they may require.

104. There are detailed information and explanations about the formalities related to the

work permit application of migrant workers and national legislation in the main website of

the Ministry of Labour and Social Security (www.yabancicalismaizni.gov.tr). The website

which has been designed in line with the languages of the migrant workers applying

officially for work permit in Turkey, offers service in English, Russian, Arabic and Chinese

together with Turkish.

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Article 40

25. Please provide information on how the Trade Unions and Collective Labour

Agreements Act (2012) that repealed the Trade Unions Act ensures fundamental trade

union rights and meets international standards and commitments undertaken by the

State party. Given that the new Act provides that foreign migrant workers may form

associations and trade unions, please indicate whether the State party is considering

withdrawing its reservation to article 40 of the Convention.

105. The Constitution safeguards the right to form trade unions and to conduct collective

bargaining.

106. In the reporting period, the Law on Trade Unions and Collective Agreements and

the Law Amending the Law on Trade Unions of Civil Servants entered into force with a

view to reflecting the amendments made to the trade union rights in the Constitution to the

related laws. These laws introduce significant changes regarding the extension of the trade

union rights.

107. With the Law on Trade Unions and Collective Agreements No. 6356, formation of

trade union organs and procedures for the establishment of trade unions are facilitated and

the condition for founders of trade unions to have Turkish citizenship and be Turkish

literate is removed.

108. Regarding the remuneration, employment and working conditions or membership of

trade unions and enjoyment of collective bargaining rights are provided on the equal level

for migrants and Turkish citizens.

109. As far as the reservation to Article 40 of the Convention is concerned, Turkey is

considering withdrawing this reservation.

Article 41

26. Please provide information on the steps taken by the State party to facilitate the

exercise by Turkish workers living abroad of the right to vote and to be elected at

elections held in the State party, including updated information about amendment No.

6304 of 18 May 2012 to the electoral law.

110. The issues related to elections are regulated in the Law No: 298 dated 26/4/1961 on

Basic Provisions of Elections and Voter Registers. Nevertheless, a significant progress has

been achieved regarding this issue, with the Law Amending the Law No: 6304 dated

9/5/2012 on Basic Provisions and Voter Registers and in Certain Laws.

111. While citizens living abroad had a chance to vote only at customs gates prior to the

amendments no: 6304, with Articles 94/A and 94/C added to the Law No: 298 by the Law

No: 6304, district election boards were established abroad and their duties and mandates

were determined; Supreme Election Board was authorised at voting points of voters abroad

using ballot boxes, customs gates or electronic voting together or separately. With the said

arrangement, it was ensured that voting method at ballot box would not only be applied at

customs gates but also in our foreign representatives and if required, in places considered

appropriate by local authorities. Furthermore, with Article 94/B added to the Law No: 298,

it was made possible to vote by letter in addition to electronic method.

CMW/C/TUR/1

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Articles 46 to 48

27. Please provide detailed, updated information on the bilateral and multilateral

agreements concluded in the field of migration, in particular temporary labour

programmes and other agreements concerning employment, protection, double

taxation and social security for migrant workers and members of their families.

Social rights and working condition

112. Information on migrant's workers social rights and working condition is given at the

section “A. General Information”.

113. It should be indicated that foreigners legally residing in our country are treated

equally with Turkish citizens in terms of legislation and implementation in the areas of

taxes, charges and social security premiums.

Vocational training services

114. Foreigners who want to benefit from the vocational training services in Turkey need

to be entitled to a residence permit. “Vocational Qualification Law", issued on 21

September 2006 aims to determine national qualification criteria based on national and

international vocational standards.

Legal protection

115. The nationals of the Contracting Party in bilateral and multilateral agreements

concluded by our country are accepted to benefit from legal aid. Namely, there are

regulations on legal aid in Hague Convention on Civil Procedure dated 1954. European

Convention on Submitting Legal Aid Requests dated 1977, UN Convention on Collecting

Maintenance Creditors Abroad dated 1956. Hague Conventions on the Rights of the Child

dated 1958 and Recognition of Decisions on Maintenance Creditors dated 1973 which the

Republic of Turkey is a Party to.

Taxation

116. Under Article 3 of the Law on Income Tax No. 193 entitled "Taxpayers" those

continuously residing in Turkey for 6 and more than 6 months will be taxed over incomes

and revenues obtained inside and outside Turkey in one calendar year and Article 4 states

that those continuously residing in Turkey for 6 and more than 6 months and with residence

in Turkey will be considered as settled. In Article 94 of the same Law, charges paid to

service provider and payments considered as charges will be subject to taxation.

117. According to the paragraph 14 of Article 23 of the same Law, foreign currency

wages paid to employees over the revenue earned outside Turkey by the limited-liabiIity-

tax-payer employer without a legal business office at Turkey are exempted from income

tax.

28. Please provide information on remittances transferred by Turkish migrant workers

abroad. Are any taxes levied on incoming remittances? Please provide information on

any measures adopted to facilitate the transfer of migrant workers’ earnings and

savings to Turkey, including any agreements to reduce the cost of such transactions

for migrant workers, and any State-run programmes to facilitate the productive use

of remittances.

118. There is free inflow of foreign currency to Turkey. It is not possible to give exact

figures regarding the amount of foreign currency which Turkish workers abroad transfer to

Turkey. However, there is still a regular inflow of workers’ foreign currency to Turkey.

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Social insurance allowances play a particular role in this inflow. Related social security

institutions transfer regularly old age, disability pensions and allowances for returnee

Turkish workers while several countries pay total amounts of premiums at one time to the

returnees.

119. The double taxation prevention agreements which Turkey is a party to determine the

country to tax the social insurances payments. No taxes are collected from social insurance

payments in Turkey. Therefore, social insurance payments made by various countries to

Turkey are paid grossly to right owners.

120. For instance, an average monthly amount of old age pension paid to each entitled

person who resides in Germany is 687,39 Euro whereas the average monthly amount of old

age pension paid to entitled persons residing in Turkey amounts to 590,26 Euro.

Accordingly, the amount of annual payment of social security pensions transferred to

Turkey from Germany is about 690 million Euros.

121. Until 2014, it was possible for Turkish workers abroad to open worker currency

accounts at the Central Bank of the Turkey. This practice paid a higher rate of interest to

the Turkish workers. However, it was terminated on 01.01.2014.

122. Investment partnerships of Turkish workers had been supported from 1960 until the

end of the 1970s in Turkey. Significant investments were made in this period. Although

some of them survived, a high portion of these investments did not succeed.

123. On the other hand, the presence of Turkish workers abroad goes back until the

beginning of 1960s. In this period, the Turkish citizens have passed from worker to the

employer status and gained significant financial means to make considerable investments.

They are subject to the same legislation as the other persons investing in Turkey.

Article 49

29. Please provide information on measures taken to ensure that migrant workers in the

State party, including those on short-term or temporary contracts, enjoy equality of

treatment with nationals, are allowed freely to choose their remunerated activity

without being regarded as in an irregular situation, and retain their authorization of

residence in the event of termination of their remunerated activity prior to the

expiration of their work permit or similar authorization. Furthermore, please provide

information on measures taken to ensure that, in such cases, the authorization of

residence is not withdrawn at least for a period corresponding to that during which

the migrant worker may be entitled to unemployment benefits.

124. Unless otherwise provided in the bilateral or multilateral agreements to which

Turkey is a party, working permission for a definite period of time is given to be valid for at

most one year, taking into consideration the situation in the business market, developments

in the labour life, sectorial and economic conjuncture changes regarding employment,

according to the duration of foreigner's service contract or the duration of work, to work in

a certain workplace or enterprise and in a certain job.

125. After the legal working duration of one year, duration of the working permit may be

extended up to three years, on condition of working in the same workplace or enterprise

and in the same job.

126. At the end of legal working duration of three years, duration of the working permit

may be extended up to six years, on condition of working in the same profession and at the

disposal of a desired employer.

127. Working permission for a definite period of time may be given also to the, spouses

and dependent children, who have come together with the foreigner or afterwards, on

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condition that they have resided with the foreigner legally and uninterruptedly for at least

five years.

The Ministry is entitled to expand or restrict the geographical validity area of the definite

period of time working permission.

128. Foreigners applying for the extension of their Working Permit may carry on their

activities at the same worksite and profession during the time passing until the conclusion

of the application for. If not applied for an extension, the foreigner may carry on working at

the same job for a maximum of 45 days.

129. As for the working permit; it is the duration after the Working Permit expiration but

before the extension application is resulted. A foreigner may stay in the country for 15 days

following the expiration of the Working Permit without being subjected to a fine and this is

considered as the grace period (grace period can be defined as the extra time allowed for

meeting a requirement or for satisfaction of an obligation). In this period the foreigner may

reapply for a work permit but the application may not always result in this time being. If

this is the case; the foreigner shall not leave the country before the application results or

otherwise he/she may be subjected to a fine. At the end of the grace period, if there is not

any ongoing application, the foreigner will be required to leave the country unless he/she

has secured a work permit in the meantime or has secured permission to remain on another

basis.

130. There is no different application among the insured persons. Each person can benefit

from unemployment insurance, consultancy services and occupational activities provided

that they are formally employed and their SSI premiums are paid. It should have paid at

least 600 days in the past three years to be able claim unemployment insurance. But, they

need also to be entitled to a residence permit. They can benefit from unemployment

insurance within the validity of their residence permit.

Article 56

30. Please inform the Committee about the legal grounds on which migrant workers may

be expelled from the State party.

131. The issue of deportation of foreigners from Turkey is arranged in the Law on

Foreigners and International Protection numbered 6458. A deportation decision can be

given for the foreigners listed in Article 54 of the Law. Accordingly;

• People, who are evaluated to be deported within the scope of the Article 59 of the

Law numbered 5237 (LFIP 54/1-a) (Article 59 of the Turkish Penal Code numbered

5237 indicates “A foreigner convicted to imprisonment for the criminal act s/he

committed, is notified to the Ministry of Interior immediately as soon as s/he

benefits from parole and completes the punishment for the evaluations related to the

deportation proceedings);

• The ones, who are terrorist group leaders, members, supporters or leaders, members

or supporters of criminal organizations established for special interests (LFIP Art.

54/1-b)

• The ones who use inaccurate information and false documents in procedures and

proceedings carried out for entrance to Turkey, visa and residence permits (LFIP

Art. 54/1-c),

• The ones who sustain their lives in Turkey through illegal methods (LFIP Art. 54/1-

ç),

• The ones who cause a threat in terms of public order or security or public health

(LFIP Art. 54/1d) (İ.G.),

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• The ones who exceed the term of their visas or visa exemption periods more than ten

days or the ones whose visas are cancelled (LFIP Art. 54-1-e),

• The ones, whose residence permits are cancelled (LFIP Art. 54/1-f),

• The ones who hold a residence permit yet they violate the residence permit period

more than ten days as of the day the term of the certificate is over without having an

acceptable reason (LFIP Art. 54/1-g),

• The ones identified as working although they do not have work permits (LFIP Art.

54/1-ğ),

• The ones who violate provisions of legal entry to Turkey or legal exit provisions

from Turkey (LFIP Art. 54/1-h),

• The ones who are identified to arrive Turkey although they are banned from entering

to Turkey (LFIP Art. 54/1-ı)

• The ones, who do not hold the right to stay in Turkey according to other provisions

of the Law after the final decision is given for people whose international protection

application is rejected, who are excluded from international protection, whose

applications are evaluated as inadmissible, whose applications are taken back, whose

applications are considered as taken back, and whose international protection status

ended or cancelled, (LFIP Art. 54/1- i),

• The ones, whose applications for extending the term of residence permits are

rejected but who fail to leave Turkey in ten days, (LFIP Art. 54/1-j)

• If the migrant workers, who arrive Turkey, carry one or more of the conditions listed

above, deportation decision can be given for those people.

5. Part V of the Convention

Articles 57 to 63

31. Please provide information on the particular categories of migrant workers in the

State party, including how many migrant workers are in each category and the

specific measures adopted for each category by the State party.

132. In Turkey, there are no migrant frontier workers. As far as the seasonal workers,

itinerant workers, projet tied workers and self-employed workers are concerned; they are

subject to the same labour conditions with nationals. Their social security rights are

quarantined by bilateral and multilateral social security agreements. If they are nationals of

non-contracting parties with Turkey, then they are subject to Turkish social security

schemes.

133. Turkey has not statistics by the particular categories of migrant workers. In the table

the number of work permits by some economic activities are provided. The activity code 5,

41, 43 and 63 can be considered as projet tied workers, and the activity codes 55 and 93 can

be considered as seasonal workers.

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2013

Activity

code Economic activities

Types of work permission

Total Definite Indefinite Independent

5 Mining of coal and lignite 289 0 0 289

41 Construction of buildings 431 1 0 432

42 Civil engineering 2036 0 0 2036

43 Specialised construction activities 452 2 0 454

55 Accommodation 6240 2 1 6243

63 Information service activities 38 0 0 38

93 Sports activities and amusement and

recreation activities 1549 0 0 1549

6. Part VI of the Convention

Article 64

32. Please provide information on mechanisms and procedures to facilitate the

identification of persons in need of international assistance and protection among

migrants upon their arrival in the State party. Please include the measures taken by

the State party to ensure that its migration control procedures safeguard the rights of

vulnerable groups and individuals, such as children and persons fleeing violence and

conflict in their own countries. Please include information with regard to the

implementation of Act No. 6458 and the work and resources of the Directorate-

General for Migration Management within the Ministry of the Interior, which was

established under the Act.

134. Each foreigner or stateless person can make an international protection application

on her/his behalf. Applications for international protection are made to the Governorates

personally (Provincial Migration Management Directorates). However, in times, concerning

applications of unaccompanied children and other applicants who cannot make their

applications on their own due to acceptable force majeure, applications can be taken in the

premises of the individuals by related departments. If the applicants have special needs,

they have priority in the written rights and proceedings within the scope of international

protection. To the people who faced torture, sexual assault or other serious psychological,

physical or sexual violence, sufficient treatment possibilities are provided to eliminate the

damages of the acts listed. Required coordination with the related institutions (Ministry of

Family and Social Policies, Ministry of Health, and etc.) shall be ensured within this

purpose and possible unjust treatments are tried to be eliminated.

135. Besides, regulations on protection of vulnerable groups within LFIP are given

below:

• Removal Ban: Complying with Article 4 of the Law on Foreigners and

International Protection no one under the scope of the Law herein shall be returned to

a place where s/he will be subject to torture, inhuman treatment or degrading treatment

or punishment, or to a place where her/his life or freedom will be under threat due to

her/his race, religion, nationality, or membership to a communal group or political

ideas.

• Person With Special Need: In Article 3 of LFIP, the definition for person

with special need is “out of those applicants and international protection beneficiaries,

an unaccompanied minor; a disabled person; an elderly person; a pregnant woman; a

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single mother or a single father with an accompanying child; or a person who has been

subjected to torture, rape or other serious psychological, physical or sexual violence”.

• Persons with special needs have priority in written rights and proceedings,

and to the people who faced torture, sexual assault or other serious psychological,

physical or sexual violence, sufficient treatment possibilities are provided to eliminate

the damages of the acts listed.

• Unaccompanied Children: With the term “unaccompanied children” defined

in Article 3 of LFIP, it is meant “a child who arrives at Turkey without the attendance

of an adult who by law or custom is responsible for him/ her or, is left unaccompanied

after entry into Turkey, unless he/she is not taken under the active care of a person

responsible for him/her. It is essential to pay attention to best interest of the minor in

any proceeding related to the unaccompanied children having international protection

application. As soon as the application is received, provisions of Law on Children

Protection are applied, and families and unaccompanied children are accommodated in

separate places. Additionally, applications of unaccompanied children cannot be

evaluated in an expedited process.

• Humanitarian Residence Permit: Humanitarian residence permit is arranged

in Articles 46, 47 and 48 of LFIP. Accordingly, the permit can be issued and extended

by governorates for at least one year at most having the approval of Ministry of

Interior. In this residence permit, the conditions sought for other residence permits are

not sought. Cases, where residence permits can be given, are listed in LFIP.

Accordingly, residence permits can be given;

• When the best interest of the child is of concern;

• A removal decision or ban on entering Turkey notwithstanding, foreigners

cannot be removed from Turkey or their departure from Turkey is not

reasonable or possible;

• Even the person is within the scope of the foreigners to have deportation

decision, when deportation decision is not given for reasons that s/he may be

subject to the inhuman treatment in the country s/he is going to be deported,

have serious health problems, and special conditions like pregnancy,

foreigners who are victims of human trafficking and benefiting from support

process, until their vulnerability and treatment are over, and when deportation

decisions are not taken for psychological, physical or sexual violence

victims;

• When deportation decision is given, in case of availability of unacceptable

application and if application is taken back/considered to be taken back, and

when juridical procedures are applied against listed proceedings;

• Throughout the removal actions of the applicant to the first country of asylum

or a safe third country;

• In cases when foreigners should be allowed to enter into and stay in Turkey,

due to emergency or in view of the protection of the national interests as well

as reasons of public order and security, in the absence of the possibility to

obtain one of the other types of residence permits due to their situation that

precludes granting a residence permit; and

• In extraordinary circumstances.

• Residence Permits for Victims of Human Trafficking: Residence permits for

victims of human trafficking is arranged in Article 49 of LFIP. A residence permit

valid for thirty days shall be granted by the governorates, to foreigners who are victims

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of human trafficking or where there is strong circumstantial evidence that they might

be victims with a view to allow them to break free from the impact of their experience

and reflect on whether to cooperate with the competent authorities. Additionally, the

conditions requested for granting other types of residence permits are not sought. The

residence permit granted to allow for recovery and reflection may be renewed for the

period of six months at most for reasons of safety, health or special circumstances of

the victim. However, the total duration shall not exceed three years under any

circumstances whatsoever. The residence permit shall be cancelled in cases where it is

determined that foreigners who are victims of trafficking or might be victims of human

trafficking have re-connected with the perpetrators of the crime through their own will.

The fact that deportation decision cannot be given for the victims of human trafficking

who benefit from victim support process is ensured by law.

33. Please provide information on the measures taken to prevent irregular migration,

including through international agreements, policies and programmes. Please include

information on how such measures have been mainstreamed in general migration

policies and programmes and indicate whether a measurable result in terms of the

number of irregular migrant workers has been determined. Please clarify how the

Coordination Board for Combating Irregular Migration, established under article 116

of Act No. 6458, ensures the human rights of irregular migrant workers.

136. Turkey undersigned “Convention Against Transnational Organized Crime” and

affiliated two protocols regulating the “Migrant Smuggling” and “Human Trafficking”

issues, in Palermo, on December 13, 2000.

137. It is essential for the countries of origin, transit and target to collaborate, to establish

social networks and to build bridges among them for developing strategies to combat

irregular migration.

138. Strategies that can be developed in this context can be listed as follows;

• Countries of origin, transit and target are to find a common ground and regulate

required legal reforms,

• Ensuring coordination between all directly or indirectly relevant units of the state

and all national and international organizations,

• Taking all measures improving border security,

• Initiating the use of advanced identification methods such as registering the

fingerprints of all individuals,

• Making necessary regulations in the labor field and reducing illegal employment to a

minimum level,

• Accelerating the process for migrants to obtain status,

• Strengthening the measures for combatting organized crimes,

• Defining strong sanctions against those who transport irregular migrants,

• Investigating the reasons behind emigration from countries of origin and developing

projects for the eradication of such reasons.

139. Turkey’s Strategy Document and National Action Plan on Irregular Migration,

prepared by Directorate General of Migration Management in order to build irregular

migration policies of Turkey and contribute to effective implementation of them, was

approved by the Minister of Interior on March 5, 2015. The National Action Plan, covering

the years of 2015 to 2018, consists of 6 strategic priorities, 16 strategic needs and 67

activities.

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140. Within the framework of the National Action Plan, one of whose strategic priorities

is titled as “Reducing Irregular Labor Migration Through Comprehensive Policies”. The

objectives of the Plan are as follows; ‘working on labor market management and labor

policies in order to reduce irregular foreign labor’, ‘strengthening mechanisms for

controlling irregular labor’, ‘ensuring coordination between the efforts for preventing

irregular foreign labor and reducing informal economy’ and ‘raising awareness about

irregular foreign labor’. Indicators of the all-purpose specific activities are identified and

measurable objectives are set for assessing the implementation.

141. Furthermore, the Coordination Board on Combatting Irregular Migration is

responsible for the effective implementation of Strategy Paper and National Action Plan

and steering the above-mentioned goal-oriented efforts by ensuring coordination among

institutions.

142. Law on Foreigners and International Protection stipulates the establishment of

Coordination Board on Combatting Irregular Migration under the Directorate General of

Migration Management for combatting irregular migration more effectively. The mandates

of aforementioned Board covers ensuring coordination among relevant units, identifying

irregular migration routes, taking measures against them and developing legislation on

irregular migration.

143. The Coordination Board on Combatting Irregular Migration first convened on

March 12, 2015 and it is planned to include the listed issues in the agenda of upcoming

meetings.

Article 66

34. Please provide information on:

(a) the ways and means by which Turkish nationals are typically recruited for work in

foreign countries;

(b) efforts to regulate recruitment activities within the State party; and

(c) efforts to cooperate and consult with the main destination countries of Turkish

migrant workers with a view to promoting sound, equitable and humane working and

living conditions for Turkish nationals in those countries.

(a)

144. The Turkish Employment Agency (İŞ-KUR) which is a national placement agency

gives services of finding jobs and employees. Employers abroad need approval of İŞ-KUR

to bring their personal to another country for work. By this way it's aimed to eliminate any

kind of using illegally labour force abroad and secure workers’ rights related to work

abroad.

Services and Processes Related to Foreign Employment

145. Foreign study processes include meeting the labour demands of Turkish and foreign

companies for positions abroad; performing the processes of job-seekers who apply for

employment abroad; giving permission for job postings to be made for meeting their labour

demands, processes of private employment agencies related to regulation of foreign

employment services; regulation and approval of foreign service contracts; and passport

procedures of employees and their families are main services given by İŞ-KUR.

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Services and Principles Related to Foreign Employment Services of İŞ-KUR

146. According to the provisions of Law No. 4904, establishing Turkish Employment

Agency and related legislation, employers searching workers to be employed abroad may

apply to placement services given by Agency, benefit Private Employment Agencies’

activities or use own sources.

147. Before service contracts are attested, Turkish companies are obliged to submit to

provincial/branch directorates the document stating that the employees are provided with

social security.

148. In order for foreign labour demands to be met made to the Agency,

provincial/branch directorates are authorized to take necessary precautions as long as they

do not violate the principles specified in the legislation.

149. A file is opened for each company that applies for process in provincial/branch

directorates

Documents to be submitted by companies to provincial/branch directorates of Agency

150. The companies have to submit the documents specified below to provincial/branch

directorates for meeting labour demand or permission for job postings.

Documents to be requested from Turkish Companies

• A copy of Commercial registry gazette

• A letter or certificate of job receipt from our foreign representative’s office in

the country that the job is taken or from an authorized public agency in our country for

contracting jobs.

• For the jobs other than contracting jobs, a letter is required from Turkish

diplomatic mission specifying the number of employees to be employed. Certificate

for Contracting Abroad or Certificate for Temporary Contracting Abroad.

• A document stating that the companies provide social security to employees

in accordance with the social security regulations in force.

Documents Requested from Foreign Companies

• Copy of company's articles of incorporation as attested by Turkish diplomatic

mission or its translation to Turkish made by a certified translation agency.

• A letter or certificate of job receipt from Turkish diplomatic mission in the

country that the job is taken or from an authorized public agency in our country for

contracting jobs.

• For the jobs other than contracting jobs, a letter is required from Turkish

diplomatic mission specifying the number of employees to be employed.

Granting Job Posting Permission for Labour Demands

151. Companies that have submitted the necessary documents and the text of the job

posting to be published arc granted job posting permission by provincial/branch directorates

to let them meet their labour needs by newspapers, the Internet or similar media.

152. On the other hand, in case a contract related to the job taken abroad is not signed yet,

and submission of a document (such as correspondence between the contractor and the

employee) stating that the job is taken to the provincial/branch directorate, necessary

evaluations are made by the provincial/branch directorate, and a permission for job listing

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may be granted for recruitment of a person for managerial position as a preparation for the

job taken.

153. The companies have to apply to provincial/branch directorates with a copy of the job

listing and the Turkish text should be provided, as well, if the job listing is to be published

in a foreign language.

154. Duration of the job listing permission to be granted cannot be longer than the

duration of the job. Multiple job listings can be posted as long as they are about the same

job and the text is the same as the text of the permission granted.

155. In ease of differences between the text of the published job listing and the text they

submit to provincial/branch directorates, the company is asked to have the job listing re-

posted and another job listing is not permitted in case of a repeated incoherence.

The number of Turkish workers employed by countries during last five years

2010 2011 2012 2013

2014

(November)

Iraq 5.405 10.584 15.010 15.294 6.899

Russia 7.718 9.265 13.762 13.463 8.375

Saudi Arabia 6.349 7.867 8.184 5.206 3.619

Turkmenistan 4.625 4.898 4.810 3.816 3.265

Azerbaijan 555 1.594 2.197 3.069 2.265

Qatar 3.687 3.380 505 545 903

Libya 15.643 1.950 690 1.854 1.101

Source: Turkish Placement Office, 2014

(b)

156. According to article 62 entitled "Turkish citizens working abroad" of the

Constitution, it is indicated that the State shall take the necessary measures to ensure family

unity, the education of the children, the cultural needs, and the social security of Turkish

citizens working abroad and to safeguard their tics with the home country and to help them

on their return home.

157. By this way, the protection of rights of Turkish citizens working or living abroad is

dedicated as a State's duty. In this context, several institutions are established to provide

services for Turkish citizens or people with Turkish origins abroad.

158. Turkey has also concluded bilateral Labour Force Agreements with 12 countries on

the employment of Turkish citizens with several countries. All these agreements contain

provisions concerning the selection, travelling and employment conditions to be met and

procedures to be followed for the employment of Turkish citizens in the countries

concerned.

159. According to these social security agreements and labour force agreement, period of

insurance and work completed with respect to the national legislation of contracting parties,

can be aggregated for the purpose of benefiting from both countries’ social security’s

systems on condition that such period do not overlap.

• Multilateral conventions in which Turkey takes part secure the equal

treatment of Turkish citizens abroad and improve and encourage human rights and

fundamental rights and freedom for all regardless of race, sex, language or religion.

Among them it can be enumerated 'European Convention on the Legal Status of

Migrant Workers', International Convention on the Elimination of All Forms of Racial

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Discrimination, European council Social Charter and European Council Social Charter

Revised, etc.

• The Presidency for Turks Abroad and Related Communities has been

established in 2010 for conducting studies about our citizens living abroad and

developing solutions to their problems. The Presidency works in cooperation with

institutions of related countries and nongovernmental organizations. Many activities

are conducted in this framework and the Presidency provides also financial support to

the NGOs established abroad.

• General Directorate of Immigration Administration and Department of

Protection of Human Trafficking Victims were established under the Law on

Foreigners and International Protection No. 6458. They are responsible for handling

procedures on protection of human trafficking victims and addressing the crime of

human trafficking.

(c)

160. Counsellors and attaches of Labour and Social Security providing services before

Turkish diplomatic missions work in cooperation with institutions of related countries and

non-governmental organizations established by Turkish migrants to increase the relation

between the authorities of host countries and Turkish migrants. They organise also

information meetings on a regular basis and inform them to increase their participation to

the social life of the host country.

161. The Presidency for Turks Abroad and Related Communities supports projects about

ensuring familial integrity. Following projects have been realized for migrant families:

• Under “Family Education and Consultancy Centre" Project of a foundation in

Vienna (Austria), consultancy services in subjects of health, education, child, family,

marriage, psychology and invalid citizens by expert educators and education seminars

were held to increase social cultural and economic development of Turkish community

and to support active participation.

• Under “The Project of Education Support to Turkish Families and Their

Children Living in Multilingual Environment'’ in Belgium, school, mother tongue,

importance of education and role of the family, families' lack of information on the job

selection were elaborated.

• With those projects, it is aimed that people who will emigrate from Turkey to

other countries are provided with accurate information about the life in these countries

and misleading propaganda is averted.

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Article 67

35. Please update and disaggregate the information from the Ministry of Foreign Affairs

web page, which refers to three million Turkish migrants who returned to Turkey.1

Please also provide updated information on the efforts undertaken to facilitate the

safe and sustainable return of Turkish migrant workers and members of their families

and their reintegration into the economic and social life of the State party.

162. Article 67 of the Agreement deals with the issue of the return in an orderly manner

of regular and irregular migrant workers and their families.

163. The Embassies or the Consulates General of the Republic of Turkey cooperate with

the authorities of the countries involved to carry out the procedures for the return of

irregular Turkish migrant workers and their families. (Identity card, preparation of travel

document and the determination of the exhaustion of national law and other proceedings…)

164. On the other hand, the return of regular Turkish migrant workers and their families

are completely on voluntary basis. Turkey uses all the means provided by international law

to harmonize the Turkish people living abroad with the societies they live in, enjoy equal

rights and encourages them to take the citizenship of the country of their residence. The

dual citizenship is the preferred choice for Turkish people living abroad. If this is not

allowed, the second choice is to obtain the citizenship of the country of residence, by

leaving the Turkish citizenship with permission.

165. The persons who leave the Turkish citizenship are granted a special status to enable

them to preserve their ties with Turkey and benefit from the rights equally with the Turkish

nationals. Those who have this status do not have the right to vote and to be elected, to

work as civil servants, to import vehicles and household goods with exemption and are not

obliged to do military service. Apart from these, their economic and social rights are the

same with the rights of Turkish nationals.

166. Regular Turkish migrant workers and their families residing outside of Turkey at

least 24 months have the right to import their private motor and motorless vehicles, used

household goods, as well as capital goods, technical materials and office and shop supplies

due to office relocation to Turkey. Private motor vehicles includes cars and their trailers

and caravans; motorbikes, private airplanes and other entertainment and sports vehicles.

167. Returning Turkish citizens are generally Turkish migrant workers who are out of the

labour market and their family members. After returning to Turkey, it is difficult for them

to find employment. This situation causes them loss of income and leave them without

social insurance coverage. Since 1978, provided that they have paid the minimum insurance

premium payments, Turkey gives Turkish nationals who return to Turkey, old age, widow’s

and orphan’s pensions. These persons also must have fulfilled the necessary conditions as

Turkish citizens. Thus, migrant workers and their family members receive both pension and

covered by health insurance. This policy is implemented rare to find in the world.

168. Before or upon their return to the country, the children of migrant workers are

provided with a document indicating the equality of their educational level and they are

placed in schools accordingly in their places of residence.

1 “Turkish community living abroad amounts to more than 5 million people, around 4 million of which

live in Western European countries, 300.000 in Northern America, 200.000 in the Middle East and

150.000 in Australia. This number increases to 8 million when 3 million Turkish migrants who

returned Turkey are taken into account”. Available from www.mfa.gov.tr/the-expatriate-turkish-

citizens.en.mfa (accessed 19 March 2014).

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169. Turkish universities allocate a limited number of quota for the children of the

Turkish migrant workers.

170. Significant problems are not encountered in the social and cultural adaptation of

Turkish migrant workers and their family members and therefore specific projects are not

prepared for this purpose. This may be explained as follows:

171. Embassies and consulates general and non-governmental organizations founded by

Turkish immigrants are in close contact in countries where Turkish immigrant workers and

family members live. The services rendered by Religious Affairs, Education, Labour and

Social Security counsellors; and by teachers and religious functionaries affiliated with

them; support and sponsorships of Culture and Tourism counsellors to the activities for the

promotion of Turkish culture have always kept the relations of the Turkish community

abroad with Turkey and Turkish culture warm. The Ministry of Family and Social Policies

and the Administration for Turks Abroad and Related Communities also support these

services.

172. Turkish migrant workers and their family members have preserved their close ties

with their relatives in Turkey. Each year they create massive movements especially

between Europe and Turkey by airway and highway to visit their homeland.

173. Finally, the ratings of televisions, newspapers and other press organs that broadcast

for Turkish immigrant workers and their family members who live abroad are very high.

Local media of the countries where Turkish citizens also act supportively for the

preservation of cultural and social bonds.

174. The main issue to be considered here is how to improve the means so that the above

mentioned efforts should not create obstacles for the adaptation Turkish nationals to the

countries of their residence.

Articles 68 and 69

36. With regard to clandestine movements such as smuggling and trafficking in persons in

the State party’s territory, please provide information on:

(a) The extent of the phenomena, and data on relevant investigations, prosecutions, and

sentences imposed on perpetrators in the past five years;

175. Please find attached the statistical data including last 5 years concerning

investigation and prosecution of these crimes and punishments given to perpetrators.

(Annex 1, Annex 2, Annex 3)

(b) Measures taken to prevent and eradicate trafficking and smuggling of migrant

workers, systematically compile disaggregated data and bring perpetrators of

trafficking and smuggling of migrants to justice, including in cases of complicity and

involvement of public officials;

(c) The latest developments regarding the specific legislative measures announced by the

State party to criminalize human trafficking, the legal status of victims of trafficking

while recovering, and the procedures for the protection and recovery of victims,

including access to justice.

176. Acts of Migrant Smuggling and Human Trade are regulated as crime in Art. 79 and

80 of TPC.

177. Law No. 6458 on Foreigners and International Protection brought new regulations

on combatting human trafficking and the protection of victims. Within this scope;

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• “Department for the Protection of Victims of Human Trafficking” has been

established as an operational service unit of the Directorate General of Migration

Management.

• Foreigners who are to highly suspected to be a victim of human trafficking

are given a thirty-day reflection period in order to recover from the impacts of their

past experiences and to decide whether to cooperate with the authorities. Additionally,

residence permits for six months can now be granted to identify victims of human

trafficking without exceeding three years in total.

• Law No. 6458 on Foreigners and International Protection concludes that the

victims of human trafficking cannot be subject to deportation.

178. Additionally, within the scope of the secondary legislation on combatting human

trafficking and protection of victims; various services are provided to identify victims

within the context of victim support services. Support services for the victims of human

trafficking are listed in the following two groups:

1. Victim Support Program;

(1) Considering security, health and special conditions of the victims during the

reflection period, during and after the interrogation and prosecution stages, victim support

program is provided based on informed consent of the individual.

(2) Victim support program provided at a minimum within the bounds of

possibility shall cover the following;

(a) Providing accommodation in shelters or safe locations,

(b) Establishing a safe and peaceful environment,

(c) Ensuring access to healthcare services,

(d) Providing pyscho-social support,

(e) Ensure accessing to social services and assistance,

(f) Providing counseling services and information on access to legal

assistance and legal rights of the victims,

(g) Guidance on access to education and training services,

(h) Providing vocational training and access to labor market,

(i) Providing necessary guidance about financial support in accordance

with the provisions of the Law No. 3294 on Promotion of Social

Solidarity and Assistance dated 29/5/1986 with the purpose of

supplying temporary financial support to meet the basic needs,

(j) Access to counseling services to be provided by relevant civil society

organizations and international organizations,

(k) Providing interpretation services,

(l) Providing information to the (affiliated) Embassy or Consulate of the

country which the victim is a citizen of, upon the consent of the

victim,

(m) Providing an opportunity for the victim to meet the officials of the

affiliated Embassy or Consulate,

(n) Providing assistance for obtaining documents related to identity

information.

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2. Voluntary and Safe Return Program;

179. Voluntary and safe return program includes return of the victim to his/her home

country or a safe third country, if the victim that he/she does not wish to make use of the

support program during or at the end of the support program.

37. Please indicate whether the State party considers the possibility of regularizing the

situation of migrant workers and members of their families who are in an irregular

situation within its territory, including informal sector workers and long-term

residents without legal status. Please provide information on the various residence

categories contemplated by law and indicate whether appropriate account is taken of

the family situation of such migrant workers. In cases of migrant workers in an

irregular situation, please clarify whether a labour relationship, such as an official

employment contract, is sufficient legal grounds to obtain an authorization of

residence in the State party and if so, please specify its duration.

180. Residence permit procedures of the foreigners have been conducted within the

framework of the Law No. 6458 on Foreigners and International Protection and relevant

communiqués, since 11/04/2014. Matters related to residence permit are stipulated in

Articles 19 to 49 of Section Two under the title of “Residence”

181. Accordingly:

1. Foreigners who will stay in Turkey for a period of longer than ninety days or

longer than the visa exemption period are required to obtain residence permit, pursuant to

the Law

2 Foreigners requesting a residence permit are required to hold a passport or

another equivalent document with a validity period of 60 more days on top of the period

they originally request.

3. Previously, residence permit applications were accepted only by the

governor’s offices within the country; however; pursuant to the new law, it is essential for

the foreigners who will reside in our country to apply to the consulates in their home

country or in the country that they legally reside. However, the residence permit

applications of the foreigners who are in Turkey during the term of their visas can be made

internally until 31/12/2014; within the process of raising awareness among foreigners about

the new law.

4. Residence permit applications can be made by the foreigners themselves or

by their legal representatives or lawyers.

5. Since 11.04.2014, “residence permit”, of which the content and style is re-

identified has been issued instead of “residence document”. These permits are issued by our

Directorate General and send to the addresses of the foreigners via post.

6. Residence permits regulated in the Article 30 of the Law are as follow;

(a) “Short term residence permit” each time issued for at most one year,

(b) “Residence permit for families” each time issued for at most two

years,

(c) “Residence permit for students” issued in parallel with the period of

study,

(d) “Long-term residence permit” issued without time restriction,

(e) “Humanitarian residence permit” each time issued for at most one

year,

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(f) “Residence permit for the victims of human trafficking” primarily

issued for 30 days and extended for at most six months each time,

without exceeding three years in total.

7. Accompanying procedures have been terminated with the new law. A

separate application and a separate residence permit are issued for each and every foreigner.

8. Residence permit extension procedures are to be completed sixty days prior

to the end of legal residence permit period and to the governor’s offices under any

condition before the termination of the residence permit period.

9. Foreigners exempted from residence permits are;

(a) Holders of stateless person identity card (included within this scope

by the new Law),

(b) Officers of diplomatic corps in Turkey,

(c) Family members of officers of diplomatic corps in Turkey, indicated

by the Ministry of Foreign Affairs,

(d) Foreigners working in representative offices of international

organizations in Turkey and those given a status pursuant to

Conventions that Turkey is a party to,

(e) Those exempted from residence permits pursuant to conventions,

which the Republic of Turkey is a party to.

10. Foreigners residing in our country with a residence permit are required to

notify relevant authorities regarding the changes in their addresses and marital status in at

most twenty working days.

11. If the purposes the of the foreigners that constitute the basis for their

residence permit change, foreigners can switch to another type of residence permit, family

status is taken into consideration while issuing residence permits and Work Permit

Exemption Certificate issued in compliance with Article 10 of the Law No. 4817 on Work

Permits of Foreigners dated 27/2/2003 is also recognized as residence permit.

Part II

In this section, the Committee invites the State party to briefly (three pages

maximum) provide information regarding the protection of migrant workers and

members of their families with respect to:

(a) Bills or laws and their respective regulations, including the law on border

management, and constitutional reform;

(b) Institutions and their mandates and institutional reforms;

(c) Policies, programmes and action plans covering migration, including their scope and

financing;

182. National Action Plan on Migration and Asylum prepared in 2015 targeted

harmonization of the EU legislation and Turkish legislation on migration and bringing our

country a separate institutional structuring for migration as well as a new migration

approach. Improvements specified in the aforementioned action plan were achieved.

Additionally, there are two strategic papers and a national action plan prepared in parallel

with today’s conditions together with a new and more comprehensive migration approach.

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183. Efforts to develop “Irregular Migration Strategy Paper and National Action Plan of

Turkey” were completed in 2015 in coordination with all stakeholder institutions and

organizations within the scope of a project and approved by the Minister of Interior on

March 5, 2015. The budget of the above-mentioned project lasting 18 months is 370,000

USD. One of the resolutions of Coordination Board on Combatting Irregular Migration is

implementation of the plan and monitoring of the implementations.

184. “Irregular Migration Strategy Paper and National Action Plan’s Implementation

Focusing on Mixed Migration” project is a 12-month project funded by the United

Kingdom and aims that the Turkish stakeholders understand the mixed migration flows

better and increase their capacity to respond, implement Irregular Migration Strategy Paper

and National Action Plan and handle the protection needs of migrants. The aforementioned

project is carried out jointly by Turkish Coast Guard Command and International

Organization for Migration under the coordination of our Directorate General. The budget

of the project is 189,500 Pounds. “National Action Plan on the Implementation of

Readmission Agreement signed by the European Union and Turkey”, prepared by the

Directorate General on March 5, 2015 with the purpose of utilizing readmission

mechanisms accurately and effectively during the transit periods and for complete

implementation of the Agreement, was approved by the Minister of Interior.

185. Harmonization Strategy Paper and National Action Plan will be prepared with the

project on “Assistance for the Development of National Harmonization/Integration Policy

of Turkey” initiated in December 2015, The project, which will last for 15 months, has a

budget of 221,625 Pounds.

186. Additionally, Migration Management Strategy paper of our country will be prepared

according to thematic areas with the contributions of international experts and experts of

stakeholder institutions. Workshops related to thematic working groups were completed in

February. Efforts on the draft documents are still ongoing.

(d) Recent ratifications of relevant human rights instruments;

187. Turkey has signed the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (OPIC-CRC) on 24 September 2012. The ratification

process of the Protocol is under way.

(e) Steps to make the declarations provided for in articles 76 and 77 of the Convention;

(f) Recent comprehensive studies on the situation of migrant workers and members of

their families.

Part III

Data, official estimates, statistics and other information, if available

1. Please provide updated, disaggregated statistical and qualitative data for the past

three years (unless indicated otherwise) on:

(a) The volume and nature of labour migration flows in and from the State party from

the date of the entry into force of the Convention in the State party to the present;

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Number of Turks living abroad by countries - 2015

Countries Number of Turks Turkish nationals

Germany 3.076.440 1.527.118

France 611.515 221.243

The Netherlands 396.555 79.595

Austria 277.229 114.740

Belgium 213.143 39.551

U.S. 175.000 175.000

England 250.000 250.000

Saudi Arabia 130.000 130.000

Switzerland 122.228 71.269

Australia 119.411 79.965

Sweden 89.320 12.398

Bulgaria 67.064 67.064

Denmark 61.634 29.876

Norway 16.000 16.000

Turkish Republic of Northern

Cyprus 46.330 46.330

Russian Federation 40.000 40.000

Canada 38.002 38.002

Italy 36.115 36.115

Romania 29.857 29.657

Greece 22.540 22.340

Azerbaijan 15.187 15.187

Ukraine 14.912 14.912

Kazakhstan 14.621 14.621

Turkmenistan 12.925 12.925

Georgia 8.000 8.000

Spain 7.500 7.500

Poland 6.623 6.623

Total 5.898.151 3.106.031

Other countries 223.896 222.466

Total 6.122.047 3.328.497

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Entry into Turkey per year

Exit from Turkey per year

Entries from border gates in 2015 (Top 10 nationalities)

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Residence permits granted to the foreigners in 2014 (Top 10 nationalities)

Types of residence permits of the foreigners in Turkey

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(a) Migrant workers in detention in the State party and in States of employment;

(b) Migrant workers and members of their families that have been expelled or deported

from the State party in the past five years;

(c) Non-accompanied migrant children or migrant children separated from their parents

in the State party;

(d) Remittances from migrant workers who are nationals of the State party working

abroad, information on legislation regulating remittances and government policies

relating to remittances and development;

(e) Applications for family reunification from nationals and foreigners, disaggregated by

status of applicant, and the outcomes of the applications, including details of appeals,

similarly disaggregated;

(f) Migrant workers in an irregular situation. If precise data are not available, please

provide the results of studies or estimates;

Number of irregular migrants apprehended in Turkey per year

Migrant smugglers per year

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(g) Legal assistance services provided to migrant workers and members of their families

both inside the State party and for nationals of the State party working abroad;

188. Services offered by the offices of Counsellors and attaches of Labour and Social

Security Turkish diplomatic missions are explained at the section “A. General

Information". All foreigners including their family members may benefit from services

assured by those offices.

189. On the other hand, an Annual Report that includes quantitative data regarding

Turkish citizcns working abroad, the services provided to Turkish citizens and the detailed

information on the changes in relevant legislation concerning the working and living

legislation of the countries where they work or live is published by the Ministry of Labour

and Social Security every year. As well as Turkish citizens, all migrants and their family

members may benefit from these services.

190. A number of public institutions including the Municipalities are offering services to

meet the needs of migrants groups working or living in Turkey. Some Municipalities (ex.

Antalya) web page operates in different languages like Russian, German and English as

well as Turkish to better inform and guide legal and irregular migrants.

191. Also, if foreigners reside in Turkey, they may request assistance from social

institutions (Social Assistance and Solidarity Foundation. Municipalities, Red Cross. Non-

governmental Organizations, etc.).

192. Besides, legal aid provisions take place also in legal aid agreements which Turkey

concluded with many countries. Detailed information concerning legal assistance is given

at the section entitled “Legal protection" of articles 46 to 48.

(i) Mechanisms aimed at collecting quantitative disaggregated statistical data and

qualitative information on the rights of migrant workers in line with the Convention,

inside and outside the State party. If applicable, please also provide information on

the functioning of such mechanisms, including indicators of success and outcomes.

2. Please provide additional information on any important developments and measures

being taken to implement the Convention that are considered a priority.

3. Please submit general and factual information about the country, in accordance with

the harmonized reporting guidelines for the international human rights treaties,

including the Convention (HRI/GEN/2/Rev.6). Please also submit the common core

document of the State party, in line with the same reporting guidelines, if it has not

already been submitted. The common core document will complement the responses

to the present list of issues.

193. Common core document of Turkey dated 22 February 2007 is being updated by the

relevant authorities. The recommendations of the Committee on Migrant Workers will be

taken into consideration in this process."

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Victims of human trafficking

Number of victims of human trafficking per year

Hotline to stop human trafficking statistics per year

Recorded calls by 157 Helpline

Year Directed help calls Not directed help calls Repeated emergency

calls

2005 255 91 305

2006 579 127 414

2007 314 62 156

2008 148 77 96

2009 146 136 161

2010 137 110 160

2011 89 53 98

2012 115 64 167

2013 87 48 137

2014 61 23 174

Total 1 931 791 1 868

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Temporary protection

Syrians under temporary protection (Top 10 provinces)

Syrians under temporary protection staying in and outside of the accommodation centers

Syrians under temporary protection per year

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Syrians under temporary protection by accommodation centers

Accommodation centers (26 accommodation center in 10 provinces)*

Syrian Arab

Republic

Şanliurfa 111 326

Gaziantep 41 107

Kilis 33 607

Kahramanmaraş 18 383

Mardin 12 002

Hatay 18 326

Adana 10 587

Adiyaman 10 085

Osmaniye 9 541

Malatya 7 848

Total 272 812

Registered Syrians outside camps 2 475 134

Registered Syrians in Turkey 2 747 946

* by 11.03.2016

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The distribution of age and gender for registered Syrians under temporary protection as of

11.03.2016

Age Man Woman Total

Total 1 462 161 1 285 785 2 747 946

0-4 187 096 174 612 361 708

5-9 198 672 187 835 386 507

10-14 151 541 138 809 290 350

15-19 172 134 143 294 315 428

20-24 180 772 143 366 324 138

25-29 148 363 115 994 264 357

30-34 121 426 97 221 218 647

35-39 87 075 74 418 161 493

40-44 60 135 56 718 116 853

45-49 48 468 44 674 93 142

50-54 37 834 36 550 74 384

55-59 25 570 25 729 51 299

60-64 17 770 18 355 36 125

65-69 11 557 11 912 23 469

70-74 6 273 7 231 13 504

75-79 3 850 4 580 8 430

80-84 2 066 2 620 4 686

85-89 1 109 1 277 2 386

90+ 450 590 1 040

Social aids/payment for Syrians

194. Foreigners without interim identity number can benefit from other assistance

programs except for regular assistance (Conditional Education Help-Conditional Heath

Help, Widow Women with Deceased Husbands etc.). For instance, a sum amounting to

8.471.225,00-TL was allocated to Social Help and Solidarity Foundations in 2013 for

meeting the needs of Syrians entering our country due to turmoil lingering in Syrian Arabic

Republic.

195. Annex:

1.

2.

3.